What is the difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The main difference between 37 CFR 1.130(a) and 37 CFR 1.130(b) declarations lies in their purpose and the type of disclosure they address:

• 37 CFR 1.130(a) declaration: Used to attribute a disclosure to the inventor or a joint inventor, or to establish that a disclosure was obtained from the inventor or a joint inventor.
• 37 CFR 1.130(b) declaration: Used to establish that a disclosure was made publicly available before the relevant date by the inventor, joint inventor, or another who obtained the subject matter from them.

As stated in MPEP 717.01(b): ‘The purpose of a declaration or affidavit submitted under 37 CFR 1.130(b) is to establish that a disclosure was made publicly available before the relevant date of the potential prior art disclosure, by the inventor or a joint inventor, or by another who obtained the subject matter from the inventor or a joint inventor.’